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Should the emergency services be exempt from HASAWA?
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Posted By A.Dennis
Hi Gary.
The short answer is no.
People more and more are looking for the emergency services to protect them. Rather than protect themselves.
In the case of Jourdon. Where were the parents?
In the case of Maddie McCann. Where were the parents?
To be honest, in both case i would like to see them in the dock for Gross Negligence Manslaughter. Harsh, but some people need a wake up call.
As for Charles de Menenzes when cops ask you to stop, do it.
And as for the article. Show me a journalist i'll show you a health and safety liability.
Out of the wrong side of bed this morning.
A
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Posted By Colin Reeves
The word "reasonable" often appears in legislation - at present I fear that the bounds of this word are being pushed beyond anything that is reasonable (sorry!)
Training should be given to allow emergency services to function as they should, not hide bound by managers who have been put in fear of their jobs by excessive caution.
Rant over!
Colin
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Posted By Mitch
I think the reaction, to the article, demonstrated by the title of this thread is in the same vein as the author of the article. The actual wording is "We now need to exempt police and fire operations from health and safety legislation in certain circumstances" I emphasise certain circumstances and considering some of the points raised yes I personally would agree exemption in certain circumstances could be warranted.
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Posted By Simon Walsh Grad IOSH
In situations where life is at risk the emergency services adopt what is called the 'societal imperitive'.
Society expects the emergency services to risk their lives in a highly calculated manner to save saveable lives. Society should not expect firefighters (for example) to risk their lives to attempt to rescue people who may be already dead.
These judgements are difficult ones and that is why years of training and experience go into ensuring we have one of the best fire services in the world ... but ultimately its based on human decisions and sometimes individuals get it wrong. However, they mostly get it right.
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Posted By Rich T
It frustrates me to see so many column inches and seemingly hours of on-air time spent vilifying those two unfortunate PCSO's. They were only following the guidelines/advice/procedures that competent Police health and safety advisors had provided them with.
If one of our profession had issued specific advice not to enter a confined space to effect a rescue due to a real danger of death, but instead to raise the alarm - would we not expect our instructions to be followed? If ignored what degree of contributory negligence would we assign?
PCSO's responsibilities specifically exclude so called "high risk tasks" that regular Police Officers have to perform. Can you imagine what may have been the outcome if one of PCSO's had tried to intervene and been seriously injured or worse? Do people think the PCSO's would be insured for that eventuality? Going off on a dangerous jaunt of their own? Specifically ignoring safety procedures intended to keep them safe? I don't think so.
However much people might like to point fingers at the PCSO's to level blame - that's not where the blame (if there is to be any blame) lies. This was nothing but a tragic accident. Or you you really need to find blame, then why not perform a root cause analysis. Or just go back to basics - I'm sure we all can remember our "Domino Theory".
PCSO's are NOT the "emergency" services. However much the public like to think they are, and could or would or should intervene in an emergency - they have been set limits to their authority, limits to the levels of risk they should expose themselves to and limits to their responsibility.
We might not like it when something like this happens - but that's the way it is.
As to the question: We should not be granting exemptions. However, in my opinion this is precisely why the UK has argued (and won) the case for SFAIRP. Simply becasue we inhabit the real world. There are instances where the working environment cannot be risk free, only ALARP.
My sermon over - I'm off for a coffee. :-)
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Posted By Steve B
Whatever happened to dynamic risk assessment? the fire and rescue services, the police and all other emergency services are put in situations of danger (that is the nature of the job) and these individuals do it well. I agree that in certain situations they should be exempt from HASAWA. who will decide what these situations are I do not know, maybe like the armed forces when they are on active service, risk assessment could not possibly remove risks, but a level of risk is tolerated and deaths and injuries are expected. I don't know the definitive answer but I do believe it needs to be discussed at government level.
As a human being, would I have jumped into that water to attempt a rescue on that young lad in Wigan? YES I would (dynamic risk assessment). It has been said earlier that police are not even required to be able to swim nowadays how can they be trained to carry out water rescue?
would these two plastic coppers have jumped in if they were off duty? only they can answer that one.
Regards
Steve
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Posted By Ste Germski
In my personal opinion, emergency services are always (well, very much always) going to be in a position were high risk is always going to be present as that is what they are normally always called out to. This could be were a police officer who has been called to a domestic violence call or a fire department has been called to put a fire out in a house, and, go into the burning house to rescue trapped children. That is what these fantastic people, who are put through very rigorous training, are supposed to do.If we take away that responsibility from these highly trained people then society would be in dire straights, as human compassion in this country is quite low. No-one would help no-one.
I would like to ask Mr Rich-T that if he had children that were in serious trouble in water would he not expect people to rescue them if they were capable to do so, this would take a very quick dynamic risk assessment by that person on the waters edge to make as Steve-B- suggests.
In cases like that I would weigh up what is more important: my job or a childs life. you guess which I would choose.
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Posted By Pete48
Yes well, all very altruistic but sadly history is littered with dead heroes. If you have the skill and expertise then OK you might just be thinking about having a go, if you haven't then you are simply putting your own life at risk with little guarantee of success.
The hoo-haa about the unfortunate PCSO's illuistrates only too clearly what is driving us towards a scared to do anything country and has nothing whatsoever to do with H&S.
To return to the question, no the services should not be exempted from the law. There should not be any need if, firstly the law is sensibly administered: and secondly if the services have been professional in their approach to risk assessment and sensible controls.
I read the point of the article as the first appears to be lacking rather than the second?
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Posted By Rich T
I'm not going to respond to the question posed about what I might expect. What I might expect is irrelevant.
The question posed was should there be an exemption - my answer was no. All current H&S principles - if competently applied - should be more than sufficient. It's the public expectation that needs to be managed, as well as the sensible application of the laws we already have.
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Posted By Rob T
In certain circumstances company H&S rules should go whistle! There are emergency situations where no safety legislation can possibly account for if life is to be saved. Those two PCSO's were cowards hiding behind "safety" legislation and so long as they could actually swim they should have gone in, after all that's what the young lad did - he was a hero the PCSO's were zero! Anyway, where is the legislation than specifically states that you can't jump in a lake to save someone.
It would be interesting to find out what jobs some of those who want to "go by the book" actually do.
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Posted By Colin Reeves
Thats a bit harsh - the PCSOs were instructed not to go in.
The problem lies further up the line - lack of sufficient training, fear of prosecution if anything MAY go wrong etc.
The problem is at the managerial level, not the poor people on the front line
Colin
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Posted By PeterL
I think its unacceptable for people to castigate the two PCSO's for not doing what many other members of the public would not do either in a similar situation, after all the two fishermen at the scene chose not to dive into the murky depths to save the boy, this is a personal choice, a confidence issue and should not be regarded as a right by affected members of the public and those in peril.
As for not protecting the emergency services under HASAWA this would be discrimination in its highest form, every worker (no matter what background) deserves this protection from, in many cases, unscrupulous employers, and further to this removal of legislative protection would act as a mandate not to recompense loved ones in the worst eventualities.
Pete
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Should the emergency services be exempt from HASAWA?
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